Many residents in a private seniors’ residence (PSR) wish, at one time or another, to transfer units. Whether it’s for a smaller, larger, or better‑located dwelling, this change is often accompanied by administrative or preparation fees charged by the residence. However, did you know that many of these fees are potentially illegal?
It is essential to be well‑informed about regulations to avoid paying abusive fees in a PSR. This guide helps you clearly understand your tenant rights and obligations during a change of housing in a residence.
In brief: A PSR generally cannot impose fixed or arbitrary fees during an internal unit transfer. According to Article 1901 of the Civil Code of Quebec (CCQ), such a clause is considered abusive unless the owner demonstrates real and quantified prejudice. Residents can contest these fees with the Tribunal administratif du logement (TAL), notably with the help of a Complaint Assistance and Advocacy Centre (CAAP).
Consult the brochure “Understanding your lease” (in French)
Regulations on fees during a unit transfer in a PSR
No: a PSR owner cannot impose arbitrary fees for a unit transfer. Under Article 1901 of the CCQ, any clause that provides for an amount exceeding the damages actually suffered by the landlord is considered abusive.
3 key principles to remember
- The owner must demonstrate and justify the actual costs related to the transfer.
- A fixed amount provided for in the internal regulations is often deemed null by the Tribunal administratif du logement (TAL).
- New tenants arriving from outside generally do not pay these fees, highlighting the discriminatory nature of the practice toward current residents.
3 abusive fees to watch out for during your internal move in a PSR
When changing apartments in a PSR, managers often invoke various reasons to justify the bill. Here is what the law actually allows:
- Painting and cleaning fees: The owner is obligated to provide a dwelling in a good state of habitability (Article 1854 of the CCQ). They cannot charge you for refurbishing your future apartment.
- Repair fees for the old dwelling: You must return the dwelling in the condition received, but normal wear and tear is at the owner’s expense (Article 1890 of the CCQ).
- Administrative fees: Unless real financial prejudice is proven, these fees are frequently contestable.
Find your regional CAAP for assistance
Tenant rights and legal exceptions for a PSR transfer
Changing housing is often perceived as a grey area. Some PSRs consider this a modification to the current lease, while others require signing a new lease, which can affect internal move costs within a PSR.
To date, the law provides for four specific exceptions allowing for the termination of a current lease. In these cases, a maximum penalty of two months of base rent (excluding personal services) may apply. For any other situation, such as a personal desire to change floors, an agreement must be negotiated and concluded. If the residence demands unreasonable PSR transfer fees, remember that Article 1901 protects against abusive clauses.
Case law: when the TAL rules in favour of tenants
To better understand your recourses, it is useful to consult previous decisions of the Tribunal administratif du logement.
2 cases confirming the illegality of certain fees
- 2009 decision: A PSR was dismissed when it claimed repair fees related to the normal restoration of the dwelling after a tenant’s departure.
Consult the 2009 case (in French) > - 2019 decision: The TAL declared an internal regulation clause providing for a $250 transfer fee illegal, which, by that very fact, refuted the idea that the change constituted a new lease.
Consult the 2019 case (in French) >
Every situation is unique, but these decisions prove that it is possible to contest abusive practices.
A grey area when changing apartments in a PSR
Fees related to changing apartments in a PSR vary from one establishment to another. Some PSRs accept these requests at no cost, while others ask for a fixed amount lower than the two‑month rent penalty possible in case of a lease break. Finally, some require the two‑month penalty associated with a lease break.
When signing your lease, it is advisable to inquire about the PSR’s requirements. Sometimes, seniors agree to live in a smaller apartment while waiting for a larger one to become available. It is then prudent to include a clause in the lease protecting this option.
What to remember about transfer fees in a PSR
- An owner must prove real prejudice before demanding fees during a unit transfer.
- Painting, cleaning, and normal restoration fees are generally at the owner’s expense, not the tenant’s.
- A fixed amount imposed by internal regulations (for example, $250) is often deemed abusive by the TAL.
- Your regional CAAP can support you free of charge in your steps.
Frequently asked questions about transfer fees in a PSR
Can a PSR charge fees for an internal apartment change?
In principle, no, unless the owner can demonstrate a real and quantified prejudice. A fixed amount imposed without justification is generally considered an abusive clause under Article 1901 of the CCQ.
Who must pay for painting or cleaning the new dwelling?
It is up to the owner, not the tenant, to bear these costs, as the law requires them to deliver a dwelling in a good state of habitability (Article 1854 of the CCQ).
Does changing apartments automatically create a new lease?
Not necessarily. Some TAL decisions have held that a unit transfer within the same residence may constitute a continuation of the existing lease rather than a new lease.
What if my PSR refuses to negotiate fees that I deem abusive?
You can contact your regional CAAP, which can support you free of charge in your steps with the Tribunal administratif du logement.
Do you have other questions?
Contact us for any questions regarding fees required when changing apartments in a PSR.